H-1B visa

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Dear Sophie: Tips on EB-1A and EB-2 NIW?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I’m on an H-1B living and working in the U.S. I want to apply for a green card on my own. I’m concerned about only relying on my current employer and I want to be able to easily change jobs or create a startup. I’ve been looking at the EB-1A and EB-2 NIW.

I’m not sure if I would qualify for an EB-1A, but since I was born in India, I face a much longer wait for an EB-2 NIW. Any tips on how to proceed?

— Inventive from India

Dear Inventive,

Thanks for your question. Take a listen to my podcast episode in which I discuss the latest tech immigration news and delve into the benefits and requirements of the EB-1A green card for individuals of extraordinary ability and the EB-2 NIW (National Interest Waiver) green card, which as you know are the main employment-based green cards for which individuals can self-sponsor.

I recommend you consult an experienced immigration attorney who can evaluate your abilities and accomplishments and assess your prospects for each green card. After an initial consultation with new clients, we’re able to provide a lot more detail to folks on their specific options since these are such individualized pathways.

There are some groups of people who might need every advantage. Those can include folks born in India or China, who might face long green card backlogs. Another such group includes people whose skills and accomplishments might be borderline for an EB-1A green card for extraordinary ability. In some cases — if eligible and to have every opportunity for green card security and to mitigate wait times as much as possible — our clients choose to file both the EB-1A and EB-2 NIW in parallel.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

The EB-1A is the highest priority green card and the standard for qualifying is much higher than for the EB-2 NIW. And that means an EB-1A is typically quicker to get, which is particularly the case now: According to the August 2021 Visa Bulletin, there is no wait for an EB-1A green card regardless of country of birth, while only individuals who were born in India and have a priority date of June 1, 2011 or earlier can proceed with their EB-2 NIW petition.

Please remember that the Visa Bulletin fluctuates and changes every month. Also, the EB-1A is currently eligible for premium processing on the I-140. Although there is talk to add this option to the EB-2 NIW one day, premium processing is not available for EB-2 NIW I-140s yet.

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Dear Sophie: Can I hire an engineer whose green card is being sponsored by another company?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I want to extend an offer to an engineer who has been working in the U.S. on an H-1B for almost five years. Her current employer is sponsoring her for an EB-2 green card, and our startup wants to hire her as a senior engineer.

What happens to her green card process? Can we take it over?

— Recruiting in Richmond

Dear Recruiting,

Congrats on finding the right candidate for your role. Your startup’s ability to take over the EB-2 green card process for this candidate — or whether you have to start the green card process from the beginning — depends on where she is in the green card process and whether the position you are offering is similar to her current role.

Take a listen to my podcast in which my colleague, Gilberto Orozco Jr., an associate attorney at my firm, and I discuss the American Competitiveness in the 21st Century Act — or AC21 — including “green card portability.”

Enacted in 2000, AC21 gives international talent in certain situations the flexibility to change jobs during the green card process and the ability to extend an H-1B visa beyond the six-year limit to avoid having to leave the United States while waiting for a green card. I recommend discussing your situation and goals with an experienced immigration attorney to determine your options.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

The process for EB-2 green cards

As I mentioned earlier, what happens to the green card process if your candidate changes jobs depends on where she is in the EB-2 green card process. There are two types of EB-2 green cards that have slightly different processes:

The EB-2 green card requires an employer sponsor and has a three-step process:

  1. Getting PERM (Program Electronic Review Management) labor certification from the U.S. Department of Labor.
  2. Submitting a green card petition (Form I-140) to U.S. Citizenship and Immigration Services (USCIS) for approval.
  3. Getting USCIS approval after filing an adjustment of status to permanent residence application (Form I-485), which can be filed along with Form I-140 depending on whether an EB-2 green card number is available based on the candidate’s country of birth, and being interviewed by a USCIS officer or obtaining a green card abroad through consular processing and the State Department.

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3 invaluable founder lessons I learned on my immigration journey

I was four years old when my dad first showed me a computer. I immediately asked him if we could take it apart to see how it worked. I was hooked.

When I learned that Windows and Mac were based in the United States, I was 10. Since then, I’ve wanted to come here to launch my own tech business.

What I didn’t realize back then was that the first half of that dream — coming to the U.S. — would provide me with essential training for realizing the second half — launching a business.

As it turns out, the behaviors, attitude and mindset required to traverse the U.S. immigration system are many of the same ones required to navigate the uncertain waters of entrepreneurship.

The behaviors, attitude and mindset required to traverse the U.S. immigration system are many of the same ones required to navigate the uncertain waters of entrepreneurship.

In 2019, I launched Preflight, which makes smart and fast no-code test automation software for web applications. One big reason the business currently exists is that, in my journey to getting asylee status in the United States, I became really good at three things: accepting uncertainty, building resilience and maintaining a positive mental attitude.

I needed them all to get Preflight off the ground.

The many paths to the U.S. (and launching a startup)

I had my first shot at making my longtime dream a reality when I was applying to college as an undergraduate. I figured if I could go to school in the United States, I could find a way to stay and start a business.

After doing some research, though, I realized that U.S. colleges were too expensive.

But I figured getting out of Turkey, my home country, would be a start. I looked around for affordable schools and saw that France had good options. So I went to France.

Unfortunately, even after three attempts, I wasn’t able to get a student visa. So I headed back to Turkey and went to college there. After graduation, I knew I had a second shot at the U.S.: a master’s degree. I applied to computer science programs and got accepted — a huge win!

I first arrived in Georgia, where I got my TOEFL certification, then enrolled at Tennessee State University, where I got a teaching assistantship.

Keep in mind, to do all this, I had to have the right visas. I needed a student visa for my master’s degree, but if I wanted to work after graduation, I’d need a work visa.

The thing is, though, I didn’t want to work at a “job.” I wanted to start my own business, which requires a different type of visa altogether.

Oh, and there was another factor at play: I was enrolled at Tennessee State from 2014 to 2016, during the lead-up to the election of Donald Trump. So in addition to trying to figure out which visa I could reasonably get, I had to deal with the fact that the rules for visas could all change in the coming months.

These experiences are similar to what many founders deal with every day in the process of launching and running a business.

We don’t know if our products will work or if they’ll find a market. We don’t know how changing regulations might affect what we’re doing. We have no idea when something like a pandemic will pull the rug out from everything we’ve built.

But we keep going anyway. In my experience, the most successful founders are the ones who don’t wait for all the pieces to fall into place — they know that will never happen. They’re the ones who do the best they can with what they have. They trust that they’ll be able to adapt and adjust when things inevitably change.

Which brings me to my next lesson.

Resilience: Hearing “no” as “not yet”

Hearing “no” isn’t fun, especially when that “no” is about something you’ve wanted for more than a decade.

I experienced a lot of “no”s in my immigration journey, as one visa attempt after another failed. If I’d let any one of those failures stop me, I wouldn’t be where I am today — working at my own startup in the U.S.

The lesson I learned was to hear “no” as “not yet.” It’s been invaluable to me in my journey to becoming a founder.

For example: In 2014, while I was in graduate school, I learned about Y Combinator and decided that I wanted to be a part of it. Throughout grad school, I applied and got rejected three times.

The clock was ticking on my student visa, so I decided to shift my tactics. I applied to jobs at companies that were Y Combinator graduates to see what I could learn.

In 2016, I got hired at ShipBob, a Chicago-based company that was in Y Combinator’s Summer 2014 batch. I joined the team as its first full-time developer and the first one based in the States. From there, things changed dramatically.

For starters, I learned a lot. In my time with ShipBob — just two and a half years — we grew from 10 people to more than 400. I built two apps and applied to Y Combinator twice more and got rejected both times.

But in my work growing and leading a team of developers, I saw a need for a product that didn’t yet exist: a smart, fast, no-code test automation tool.

My team was spending way too much time building tests for ShipBob’s latest updates to make sure existing functionalities worked when we deployed. But when the code changed too quickly, our tests were outdated. It was incredibly frustrating.

Then we hired two quality assurance engineers and it took them four months to get 10% automated test coverage.

These problems led me to an aha moment: I could build a company to address this. A tool that is fast in test creation and can adapt to the UI changes.

That company is Preflight, and it’s the one that finally got me admitted to Y Combinator in the Winter 2019 batch. I was ecstatic when I heard that we’d been accepted. But then I realized that I couldn’t actually work on Preflight full time with my current visa status — at least, if I wanted to one day make a salary, I couldn’t.

And that brings me to my next point.

Maintaining a positive mental attitude as you face (many) challenges

My professional life wasn’t the only thing that changed dramatically while I was at ShipBob. My immigration status also evolved.

ShipBob applied for and got me an H-1B visa, which made me eligible to work in the U.S.

But when I got accepted to Y Combinator on my sixth application, I knew I needed an alternative: If I left ShipBob to run Preflight, I would lose my H-1B and my ability to work in the U.S.

This kind of conundrum is all too familiar to most startup founders: There’s no new opportunity without a new challenge to accompany it.

So I did what any founder would do: I focused on the positive (I’d gotten into YC!) and dedicated myself to figuring out a different way to stay in the country.

First, I tried to apply for the EB-1 visa, but the required documentation was too burdensome. I don’t think any founder could prepare for that application without several months of preparation.

Then I tried the O-1. No luck.

So I asked ShipBob if I could take an unpaid sabbatical, which would let me keep my H-1B status while I attended Y Combinator and worked on Preflight. They agreed. My brothers, who had both moved to Chicago and started working at ShipBob (you’re welcome, guys!) agreed to support me (thanks, guys!).

Finally, I had a solution that worked — but only for the time being. If Preflight was successful, I’d have to find a different way to stay in the country.

Transferring my H-1B to Preflight wouldn’t work, in part because it would require me to yield 70% to 80% ownership to my co-founder and agree that he could fire me at any time.

But there was another option I’d been reluctant to lean on: asylee status. In 2016, there was an attempted coup in Turkey (that’s the official story, anyway). I won’t get into the political details, but my family and I were supporters of the movement blamed for the attempt. As a result, we were at risk of imprisonment if we stayed in Turkey — and eligible for asylum status in the U.S.

I applied, but hoped that I’d land a work visa in the meantime, partly because asylum status can take years to get approved and partly because there was no telling whether the current administration would change the rules to make me ineligible before my status came through.

When I got accepted to Y Combinator, my asylum status was pending. When my initial sabbatical from ShipBob ran out, it was still pending. I asked for an extension and got it (thanks, ShipBob!). A few months later, I figured I could not get the visa sorted. I wanted to focus on my business and use asylum-pending status, which would give me work authorization for two years. I was therefore able to work on and take a salary from Preflight.

Putting it all together

My asylum was granted early this year, four years after applying. Getting asylee status was a big win because it meant I could realize my dream of running a business in the U.S. So I was, in some ways, at the resolution of my immigration journey — but I was just at the beginning of my journey as a founder.

Right away, I had my first experience applying all the lessons I’d learned in the last six years: We wanted to raise our first funding round. That funding would let me start taking a salary.

All told, we approached more than 100 VCs before we got a yes. But we did get that yes, and we raised a seed round of $1.2 million in September 2019.

It was a big win for Preflight, but it didn’t have the transformational power for the company I’d hoped for. That’s because, after closing our round, we didn’t focus on sales and marketing to the extent that we should have.

After several months of frustrating results, I consulted with my advisers about how to proceed. They offered me insight that seemed obvious once I had it — but that I may not have gotten on my own — which was discussing everything that’s happening internally with the investors. And the outcome was me being the CEO.

In the month and a half after I adjusted course based on my vision, I grew Preflight’s revenue 600% in just about two months.

The only constant is change

The whole startup ethos of disrupting what’s not working to improve people’s lives is based on the premise that the world is constantly changing. The global disruption caused by COVID-19 underscored that in a major way.

Founders who accept that change is inevitable and who embrace uncertainty, develop resilience for when things go wrong, and maintain a positive mental attitude about the ups and (especially) the downs of running a startup will be the ones who succeed for the long haul.

I’ve known since I was 10 that I wanted to run a company in the United States. Given the choice, I would have opted for a much smoother road to entrepreneurship. But what I’ve discovered is that the difficult immigration path I had to follow provided exactly the training I needed to succeed in the challenging role of a founder.

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Dear Sophie: Which immigration options allow me to launch my own startup?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I’ve been working on an H-1B in the U.S. for nearly two years.

While I’m immensely appreciative of my company’s sponsorship and that I made it through the H-1B lottery and am working, I’m stuck in a rut. I really want to start something of my own and work on my own terms in the United States.

Are there any immigration options that would allow me to do that?

— Seeking Satisfaction near Stanford

Dear Seeking,

A couple of exciting immigration news updates to get us started today! In breaking startup founder news, U.S. Rep. Zoe Lofgren (D-CA) introduced the LIKE Act for startup founders in the House of Representatives last week. Below, we’ll share what this could mean for your startup aspirations. Also, U.S. Citizenship and Immigration Services (USCIS) conducted a second H-1B lottery because it didn’t receive enough H-1B petitions to meet the annual cap. So, if you or your employer were selected, be sure to file an H-1B petition by November 3.

Although job dissatisfaction and frustration on an H-1B can be normal, according to Edward Gorbis, there’s a lot you can do to take control of your U.S. immigration situation and go out on your own. I interviewed Gorbis for my podcast; he’s the founder of Career Meets World and a performance coach who works with immigrants and first-generation professionals to help them find fulfillment and thrive in their careers and life. Gorbis said that “once immigrants reach stability, they start to think, ‘Who am I, what do I value, what’s my core identity?’” It’s possible for any of us to retrain our brain for success.

Gorbis said that imagining overcoming the hurdles that stand in the way of doing the work that will fulfill you is the first step. So, here are some options that can help you imagine how to build the life of your dreams.

Become a founding CEO and raise $250,000

A great new option for aspiring entrepreneurs is International Entrepreneur Parole (IEP), a new immigration program in the United States that allows CEOs, CTOs and others to live in the U.S. and run their company for 2.5 years with an option for a 2.5-year extension. Your spouse can obtain a work permit.

How to qualify? You need to own at least 10% of a U.S. company, such as a Delaware C corporation registered in California. Ideally, you’ll want to show that your company bank account has at least $250,000 raised from qualified U.S. investors, but you can use other evidence to demonstrate that your company has the potential to grow rapidly and create jobs in the U.S.

A startup visa and path to a green card may be soon on the way for entrepreneurs and their crucial employees: Last week, Lofgren introduced the Let Immigrants Kickstart Employment (LIKE) Act. The requirements for the proposed startup visa are the same as for IEP but would allow a longer stay — up to eight years total if the startup creates jobs and generates substantial revenue.

I’m very proud to have aided in drafting the LIKE Act. It’s a thrill to see how my suggestions were included, such as making Startup Green Cards not subject to the visa bulletin, clarifying that you can seek consecutive Startup Visas from different companies, how to allocate employee visas to startups, ensuring the Startup Visa is a dual intent status, and adding premium processing. It was such a joy to be able to contribute ideas to this amazing process. I look forward to supporting this bill to become a law; please reach out to me if you want to support this worthy cause.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

See yourself at another company

There is technically no limit to how many H-1B employers you can have or how many — or few — hours you work in an H-1B position. So, think about other companies.

One option would be to have concurrent H-1Bs: Keep your current H-1B job for stability and start your own company, preferably with another individual or two, and have your startup sponsor you for an H-1B. Take a look at this Dear Sophie column for what to do before embarking on this path.

Another option would be to transfer your H-1B to another employer, or your own startup if you are going to work there. Since you already went through the H-1B lottery with your current employer, you will not have to go through the lottery process again for a second H-1B whether you choose the concurrent or transfer option.

Setting up a startup that can sponsor you for an H-1B is complicated, so I suggest you work with both a corporate attorney and an immigration attorney. Keep in mind that you will not be able to do any work for your startup until an H-1B with your startup has been approved, which is why having co-founders is helpful. Another reason is H-1Bs require an employer-employee relationship between a startup and the H-1B candidate. That means a co-founder — or the startup’s board — must supervise you and have the ability to fire you. Moreover, we often advise founders that it may be best to own less than a 50% stake in the startup when applying for an H-1B.

Consider a green card

If you end up pursuing concurrent H-1Bs, consider asking your employer whether it is willing to sponsor you for a green card. If that’s not the case, your startup can sponsor you for one, or you can self-petition for a green card:

All EB-2 green cards — except the EB-2 NIW — and the EB-3 green card require labor certification approval (PERM) from the U.S. Department of Labor. The two green cards that allow an individual to self-sponsor are the EB-1A and EB-2 NIW.

Imagine yourself doing gigs in your field

Many startup founders qualify for an O-1A extraordinary ability visa. However, you cannot have both an H-1B and an O-1A at the same time, so if your startup sponsors you for an O-1A, you will be required to leave your current H-1B job once an O-1A is approved.

An O-1A offers more flexibility than an H-1B. You can work for a single petitioning company or on multiple gigs through an agent. However, qualifying for an O-1A is more difficult than an H-1B. Resources, such as through my firm, support people with getting qualified. The one similarity with the H-1B is that you must show your startup and you have an employer-employee relationship.

Invest in your own company

The E-2 visa for treaty investors and employees is ideal for startup founders whose home country has a treaty of commerce and navigation with the U.S. Here is a list of treaty countries. For more details on E-2 visas for founders and employees, check out this previous Dear Sophie column and podcast episode.

Although there is no minimum dollar amount that a founder must invest in a startup to qualify for an E-2, we often advise founders to invest at least $100,000 to have a strong case. You cannot have both an H-1B and an E-2, so you will need to leave your current H-1B job if your E-2 is approved.

An immigration attorney can offer additional options based on your personal circumstances and legal advice tailored to you.

Enjoy the journey of building your dreams!

Sophie


Have a question for Sophie? Ask it here. We reserve the right to edit your submission for clarity and/or space.

The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major platforms. If you’d like to be a guest, she’s accepting applications!

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Dear Sophie: Should we sponsor international hires for H-1B transfers and green cards? 

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

My startup is desperately recruiting, and we see a lot of engineering candidates on H-1Bs. They’re looking for H-1B transfers and green cards. What should we do?

— Baffled in the Bay Area

Dear Baffled,

Yes, you should absolutely sponsor international talent for green cards! Listen to my podcast in which I discuss how to hire international professionals who are already in the United States by transferring their H-1B visa and using green cards as a benefit to attract and retain them.

The severe shortage of tech talent currently in the U.S. is prompting professionals to negotiate better compensation packages, and companies are increasingly using green card sponsorship as a benefit to attract and retain international talent.

Green card sponsorship as a benefit

Companies need to offer green card sponsorship to remain competitive. In fact, Envoy’s 2021 Immigration Trends Report found that 74% of employers said they have sponsored an individual for permanent residence (a green card), which is the highest percentage in the six years Envoy has asked this question in its annual survey. Rather than waiting until the last possible moment to sponsor an H-1B visa holder for a green card, 58% of employers say they are starting the process with the employee’s first year at the company on an H-1B visa. Most employers — 96% — said that sourcing international talent is important to their company’s talent acquisition strategy.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Sponsoring international talent for a green card is a way for companies to show they invest in and prioritize their employees and are willing to make a long-term commitment to a prospective employee. Employers can further distinguish themselves by offering to cover expenses for green card applications for a spouse and children, as well as a work permit application for a spouse.

Employers should also consider paying for an employee’s marriage-based green card as a third-party payor, particularly since marriage-based green cards take about one-third of the time and one-third of the investment compared to employment-based green cards. What’s more, most marriage-based green cards are not subject to annual quotas.

H-1B transfers are most common right now

Because most U.S. embassies and consulates abroad remain closed for routine visa processing due to COVID-19, most employers are hiring international talent who are already in the United States on an H-1B sponsored by another employer. In these situations, an employer must file for an H-1B transfer for the prospective employee. Take a look at a previous Dear Sophie column for more details on the H-1B transfer process.

The questions that employers ask me most often about the H-1B transfer process include:

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Dear Sophie: Should we look to Canada to retain international talent?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I handle people ops as a consultant at several different tech startups. Many have employees on OPT or STEM OPT who didn’t get selected in this year’s H-1B lottery.

The companies want to retain these individuals, but they’re running out of options. Some companies will try again in next year’s H-1B lottery, even though they face long odds, particularly if the H-1B lottery becomes a wage-based selection process next year.

Others are looking into O-1A visas, but find that many employees don’t yet have the experience to meet the qualifications. Should we look at Canada?

— Specialist in Silicon Valley

Dear Specialist,

That’s what we’re all about — finding creative immigration solutions to help U.S. employers attract and retain international talent and help international talent reach their dreams of living and working in the United States.

I’ve written a lot on how U.S. tech startups can keep their international team members in the United States. One strategy is to help the startup employees become qualified for O-1As. Another is to obtain unlimited H-1B visas without the lottery through nonprofit programs affiliated with universities. Sometimes candidates return to school for master’s degrees that offer a work option called CPT, or curricular practical training.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

But sometimes, companies end up deciding to move some of their international talent to Canada to work remotely. Recently, Marc Pavlopoulos and I discussed how to help U.S. employers and international talent on my podcast. Through his two companies, Syndesus and Path to Canada, Pavlopoulos helps both U.S. tech employers and international tech talent when their employees or they themselves run out of immigration options in the United States. He most often assists U.S. tech employers when their current or prospective employees are not selected in the H-1B lottery.

Through Syndesus, a Canada-based remote employer — also known as a professional employment organization (PEO) — Pavlopoulos helps U.S. employers retain international tech workers who either no longer have visa or green card options that will enable them to remain in the United States or those who were born in India and are fed up by the decades-long wait for a U.S. green card. U.S. employers that don’t have an office in Canada can relocate these workers to Canada with the help of Syndesus, which employs these tech workers on behalf of the U.S. company, sponsoring them for a Canadian Global Talent Stream work visa.

Syndesus also helps U.S. tech startups without a presence in Canada find Canadian tech workers and employ them on the startup’s behalf. As an employer of record, Syndesus handles payroll, HR, healthcare, stock options and any issues related to Canadian employment law.

Pavlopoulos’ other company, Path to Canada, currently focuses on connecting international engineers and other tech talent working in the U.S. — including those whose OPT or STEM OPT has run out — who cannot remain in the U.S. find employment in Canada, either at a Canadian company or at the Canadian office of a U.S. company. These employees get a Global Talent Stream work visa and eventually permanent residence in Canada. Pavlopoulos intends to expand Path to Canada to help tech talent from around the world live and work in Canada.

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Dear Sophie: What options would allow me to start something on my own?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I’ve been working on an H-1B in the U.S. for nearly two years. While I’m grateful to have made it through the H-1B lottery and to be working, I’m feeling unhappy and frustrated with my job.

I really want to start something of my own and work on my own terms in the United States. Are there any immigration options that would allow me to do that?

— Seeking Satisfaction

Dear Seeking,

Job dissatisfaction and frustration while on H-1B is normal, according to Edward Gorbis. He is the founder of Career Meets World and a performance coach who specifically works with immigrants and first-generation professionals to help them find fulfillment and thrive in their careers and life. I recently spoke with him for my podcast, “Immigration Law For Tech Startups.”

He says that “once immigrants reach stability, they start to think, ‘Who am I, what do I value, what’s my core identity?’” He partners with people to help them to gain a better understanding of why they think the way they do, teach them how our brain really works, and then reshape and retrain the brain for success.

Gorbis says that imagining overcoming the hurdles that stand in the way of doing the work that will fulfill you is the first step. So, here are some options that can help you imagine how to move toward building the life of your dreams.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Image Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Raise $250,000 and be the CEO

A great new option for aspiring entrepreneurs is International Entrepreneur Parole, a new immigration program in the United States that allows CEOs, CTOs and others to obtain a 2.5-year immigration status. You can live in the U.S. and run your company. Your spouse can work and you could be eligible for a 2.5-year extension.

How to qualify? You’ll need to own at least 10% of a U.S. company, such as a Delaware C corporation registered in California. Ideally, you’ll want to show that your company bank account has at least $250,000 raised from qualifying U.S. investors prior to applying, but you can demonstrate other evidence to show that your company has the potential to grow rapidly and create jobs in the U.S.

See yourself at another company

There is technically no limit on how many H-1B employers you can have or how many hours you work — or how few hours you work — in an H-1B position. So, think about other companies.

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Dear Sophie: Is it possible to expand our startup in the US?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

My co-founders and I launched a software startup in Iran a few years ago, and I’m happy to say it’s now thriving. We’d like to expand our company in California.

Now that President Joe Biden has eliminated the Muslim ban, is it possible to do that? Is the pandemic still standing in the way? Do you have any suggestions?

— Talented in Tehran

Dear Talented,

Yes, it’s possible! Unfortunately, yes, the COVID-19 pandemic is still making the immigration process a bit challenging, but remember, where there’s a will, there’s most often, in immigration law, a way.

On his first day in office in January, Biden rescinded the ban on visas for many majority-Muslim countries, including Iran. The ban had been in place since 2017 and nearly 42,000 visa applications were denied, according to the U.S. Department of State.

Biden also allowed the bans on the issuance of H-1B, L-1, and J-1 visas and green cards at U.S. embassies and consulates that the previous administration put in place last year to lapse.

That means international startup founders like you and other international talent living outside the United States can start thinking about obtaining these visas and green cards without necessarily requiring exceptions to do so. In a recent podcast episode, I talked about these and other immigration-related changes, as well as those promised by the Biden administration. Take a listen to find out more!

As you probably know, most travelers from Iran are currently not allowed entry into the U.S. because of the COVID-19 travel ban, and most U.S. embassies and consulates are not open for routine visa and green card application processing. Because the United States has not had an embassy or consulate in Iran since the Iran hostage crisis of 1979, you and your co-founders should find out which U.S. embassies or consulates are currently processing routine visa and green card applications — and are in countries that are not on the suspended entry list — and apply there. We’re still waiting for detailed information from the State Department on the equivalent of reparations for individuals who were affected by the Muslim ban.

In addition, I recommend that you consult with an experienced immigration attorney who can help you devise an immigration strategy for yourself, your co-founders and your families based on your personal and professional goals. Now, here are a few options for you to consider.

L-1A visa to open a U.S. office for your startup

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Dear Sophie: What is a diversity green card and how do I apply for one?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

I started a tech company about two years ago, and ever since I’ve dreamed of expanding my company in the United States.

I would love to have a green card. Someone mentioned that I should apply for a diversity green card. Would you please provide me with more details about it and how to apply?

— Technical in Tanzania

Dear Technical,

As a startup founder from Tanzania, you have several immigration options available to you, including the Diversity Immigrant Visa (green card) Program.

My law partner, Anita Koumriqian, and I recently discussed the Diversity Immigrant Visa Program (DV Program) on a podcast episode. Take a listen for how to apply and tips for applying. Each year, the U.S. Department of State, which oversees the DV Program, reserves 50,000 green cards for individuals born in countries that have low rates of immigration to the United States. The State Department publishes instructions each year, which includes the countries whose natives are eligible to register for the annual diversity lottery. Here is the latest version.

How does the diversity lottery work?

You must register online in the fall — usually from early October through early November — for the annual random lottery by completing the Electronic Diversity Visa Entry Form (DS-5501). There is no cost to register for the lottery, but be aware that you will be automatically disqualified if you register yourself more than once, and incomplete forms will not be accepted.

Once you complete the online registration form, you will get a confirmation number. Do not lose this number! It is the only way to access the online system that will tell you whether you were selected in the lottery and are eligible to submit a green card application. In May, registrants can log into the online system to find out whether they’ve been selected. No notification will be sent by email or snail mail; checking online by entering your confirmation code is the only way to find out. After you enter your confirmation code online, you will receive a diversity visa number, which you will use to determine when you can file your green card application.

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Dear Sophie: What’s happening with visa application receipt notices?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie,

Our startup employs several individuals who are on work visas or have employment authorization. Many of them have been waiting for quite a while for the government to tell them their applications have been received.

Why? When will things be back on track? We have a few employees who are waiting for green cards, and a few F-1 visa holders who will be extending their OPT to STEM OPT.

Is there anything we can do?

— Patient in Pasadena

Dear Patient,

Thanks for your questions. Last September, an increase in applications submitted to U.S. Citizenship and Immigration Services (USCIS) amid COVID-19-related staff reductions created a substantial backlog and subsequent delay in USCIS sending out receipt notices.

My law firm partner, Anita Koumriqian, and I provided an update on receipt notices on a recent podcast. Dedicating an entire episode to receipt notices was unthinkable a year ago because applicants usually received receipt notices within one to three weeks after USCIS received their application.

For those who don’t know, USCIS sends a letter called a receipt notice to applicants when it receives an application. The receipt notice — also known as a Notice of Action or Form I-797 — contains information about:

  • Whether the application was accepted, in which case you will be notified of how it will be processed, or rejected if it was not filed appropriately, such as not using the latest form or forgetting to check a box on the application form.
  • A receipt number, which can be used to check the status of your case either online or by phone.
  • The date your application was received, which for most green card applications is the priority date. (Priority dates for the EB-2 and EB-3 green cards are when the Labor Department received the PERM Labor Certification application.) A priority date determines your place in line for a green card number to become available based on the green card category and the green card candidate’s country of birth.

What caused the backlog?

Before the pandemic, applicants would typically be notified in less than one month after USCIS received their application. Currently, applicants are receiving their receipt notice as long as eight to nine weeks after USCIS received their application, and sometimes longer.

As I mentioned earlier, coronavirus-related staffing reductions at USCIS coupled with a substantial jump in the number of applications submitted prompted huge delays that began in September. Application submissions surged primarily due to:

  • Anticipation of fee hikes that were slated to go into effect on October 2, 2020, before being blocked by a federal court judge.
  • Rapid forward movement in the monthly Visa Bulletin for some green card categories, which meant green card numbers became available to many waiting in line.

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